This is a request for info on this habeas corpus process, as it relates to child custody issues. The state has written a whole chapter in the revised statues to detail "their" habeas corpus. How does one differentiate between theirs and the one guaranteed in the Constitution, (which I'm not sure I completely understand why it's called a 'privilege')?
Quote:
Article I, Section 9, Clause 2.
"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
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I've completed nearly all of the processes and administrative remedies described here on the forum, and I believe my paperwork is sound. I have sent the ex a letter explaining that according to our agreement, the children are to return to the family home with me immediately, and I will be showing up on June 17 to get them. She should be getting that today or yesterday. I think she will just stubbornly ignore me, and when I show up she will likely call the police. I will be contacting them ahead of time anyway to let them know she may be calling. But I want to give this a shot before involving the courts.
In the event that this fails, and she won't turn them over, I'm thinking habeas corpus, as she has NO legal authority to be depriving me of a relationship and contact with my own children. So, is there any specifics that need to go into the HC to prevent this reverting back to a statutory custody battle? I want it to be clear to the court going in that I only want/need them to give the police permission/orders to go get my children. I'm not asking them to give my children back, or make any rulings or determination on custody. I've finished that process, and just need orders for the police to comply with.
Can somebody assist me with the drafting of this document, and/or assist with handling the process? I'm mostly stuck with the wording and format, and that type of technicality... again. Implementation of the final stage is always the hardest part it seems.